We've just realised that the wills that cost us almost $1000 to have made by a soliciters office in Townsville 10 years may now be in limbo - why? - the office no longer exists and they are no longer in the phone book.
Also we bought our house in Toowoomba 6 years ago and the legal mob we paid squillions to no longer exist.
My question is what happens to all the personal data and legal papers that these 2 mobs held....does it go to some holding area or what?
Anyone looked into this as I'm sure it not only affects us.
I can't comment on the will but if you have a copy of the will that should be all you need . the house deeds in Queensland are all register electronically so that should not be a problem may be you could talk to the public trustee for advice
I can't comment on the will but if you have a copy of the will that should be all you need . the house deeds in Queensland are all register electronically so that should not be a problem may be you could talk to the public trustee for advice
Probably as good a start point as any. Better for them to point you in the right direction rather than we "bush lawyers" on the forum speculating.
Word of warning - don't make your will with the public trustee. All sorts of hassles and expenses can occur when you die. Solicitor is safest way - but maybe best to keep original as Gerty says.
why?
Hako, From the information I have just been given the Solicitors would have to pass your will to another Solicitors firm in Townsville and you will need to ring around the various offices or make out a new will which voids any previous.
There are no expenses with the Public trust if you appoint an executor outside the trust, should you choose to use the trust as executor then is a fee. that just came from the horsesmouth.
Ps I have had the experience when my grandmother died.
-- Edited by p on Thursday 24th of January 2013 04:32:15 PM
-- Edited by p on Thursday 24th of January 2013 04:35:16 PM
We encountered a similar problem when my step-mother died four years ago. Remember, this is in Victoria and other States may be different, and it was four years ago.
My brother and I held a copy of our step-mum's will and had been led to believe it would be considered a valid last will and testament. However, it was not considered "the will" by the Commonwealth Bank who would not release the funds of her account to us, and probate (Victorian) would not accept "the will copy" as valid either.
We sought out the solicitors who had made the original will and discovered they had closed many years earlier, but their "clientelle" had been taken over by another firm of lawyers - this included all the paperwork from the original lawyers. However, that firm too had closed and the documents passed to (taken over by) another firm. We contacted that firm and were required to pay a 'search fee' but, after what they maintained were 'many searches' over a month, they could not find the original will in the paperwork that had changed hands a couple of times.
The end result was that we had to go through a rigmaroll of forms, witnessed signatures, stat decs and about four months of solicitor letters between bank, probate and our solicitor.
I would suggest you contact the "Law Council" or whatever they are called in your state and make every effort to locate the original will as soon as possible rather than when it will be required - and funds may be needed to clear the debts etc of an estate.
Other than that - good luck
Cheers - John
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Thanks for the comments - I guess we really don't need to worry about the house deeds but the will problem 'could' make it interesting when we both kick the bucket.
We spoke to our neighbours about this and they're checking theirs as well as it was done over 30 years ago....probably many others are in the same boat.
Seeing as deeds are electronic maybe wills and enduring power of attorneys also need to be electronic.
Re your wills - you can, of course, make a new will, with this one stating that it overides any or all other wills that may be in existence prior to the date of the new will. It can cost a heap to have wills made, or very little - you can buy will kits from some post offices or newsagents, and they are quite legal, unless you have a complicated estate, in which case you need to use a solicitor. When solicitors close, or change hands, they usually send a letter to all clients whose paperwork they hold informing them where their wills etc., will be.
And deeds are not yet electronic in all states.
You need to get on to this asap - otherwise you will be leaving a bed of quicksand for your family to sort out at a time when they will be upset. Been through it, not nice at all.
Hope it all works out for you.
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jules "Love is good for the human being!!" (Ben, aged 10)
Thank you for this thread Hako, our wills are with a solicitor who has closed/merged/taken over too. We thought our copy might suffice... thanks for your post rockylizard, now we know it wont. So we'll make a new will and keep it ourselves, maybe give the solicitor the copy!
When we had our will drawn up there were 3 copies one for us one for our son and one for our daughter each copy have been sign and witness,all 3 of us have copy which is sign and witness ,on the event of our death they can decided wether to involve a lawyer
Word of warning - don't make your will with the public trustee. All sorts of hassles and expenses can occur when you die. Solicitor is safest way - but maybe best to keep original as Gerty says.
Making the will with the public trustee is easy. It's the process and rigmarole after you die that causes all the grief and heartache. We have had friends who have exoerienced it ( costs galore) and all have said 'Do not do it'. One lady had to fight to have her father's wishes done. We haven't had the experiences but others have and we just pass the warning on.
I was a beneficiary of a will made with the public trustee, and since I didnt know, and didnt contact them, it was a couple of years or so before I finally received my "Bequest". They'd taken out so many fees there was very little left, even though they must have been getting interest on the money holding it in trust while I was "lost". It was a long time ago and I cant remember the details, except I'd never use them to make my will, even if they werent the executor.
I have my will and power of attorney (originals) stored in a box at my local bank. My next of kin is aware of this and has official authority to access the box.
You are a smart man Jim , After a lawyer write a will for you there job is done, They give you your will and you should take care of it ,there should be more than one copy but all copy should be signed and witness
why not make a new will using the copy you have of your original as a template?
just change the bits that need to be changed such as dates and names.
you should then have the same benefit as a solicitor prepared will with little cost.
that is how I would update mine.
frank
Hi everyone, KFT has got it right, solicitors get away with charging like wounded bulls (I worked as a paralegal for years) for very little worth to you. Use your copy as a template as stated above, it must state that all previous wills are revoked - make certain that you have it dated & witnessed correctly and do this 3 times so that all the signatures are originals, not copies of 1 original. Keep one and give one to each of two trusted people/bank or solicitor. A will doesn't need to be registered.
In Queensland your title to the property should have been registered at the Dept of Environment & Resources (previously DNR or Titles office) by your conveyancer. A simple online search will provide the details for about $15, through Citec Confirm.
Best to spend it all yourself if you can and then there is nothing to fight over. My kids are waiting for me to cark it so they can have their major bitch fight. I went through a major hassle with my parents will as my brother wanted the lot(HE was the eldest so was entitled to the lot even though he had not been near them for over 20+ years. A will is only useful if no one contests it, any anyone can contest a will if they feel inclined. The people whose family can discuss their demise are indeed lucky. Regards Brian
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